Home/Case Law/ISABEL VALLADARES vs. HOTEL AND RESTAURANT TEMPS OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ISABEL VALLADARES vs. HOTEL AND RESTAURANT TEMPS OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

Filed: Apr 15, 2009
San Francisco
ADJ3866110 (MON 0354424)

CompFox AI Summary

The Appeals Board granted reconsideration to address the WCJ's finding of temporary total disability for applicant Isabel Valladares from June 30, 2006, to June 30, 2008. The Board found no substantial evidence supported this broad finding of continuous disability for the entire two-year period. Therefore, the prior Findings and Award were rescinded, and the case was returned to the trial level for further proceedings and a decision based on admitted evidence regarding the applicant's actual periods of temporary disability. The Board also noted potential Labor Code § 4656(c)(1) limitations on indemnity payments within a two-year period from the first payment.

Full Decision Text1 Pages

The Appeals Board granted reconsideration to address the WCJ's finding of temporary total disability for applicant Isabel Valladares from June 30, 2006, to June 30, 2008. The Board found no substantial evidence supported this broad finding of continuous disability for the entire two-year period. Therefore, the prior Findings and Award were rescinded, and the case was returned to the trial level for further proceedings and a decision based on admitted evidence regarding the applicant's actual periods of temporary disability. The Board also noted potential Labor Code § 4656(c)(1) limitations on indemnity payments within a two-year period from the first payment.

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